Default Judgment Letter Re CEL Parking

nosferatu1001

Yes, you need to be within usually 1 monthy of the judgement for it to cause the CCJ to be wiped. DO NOT trust that the C will do this - get a receipt from them, and hand deliver it to the court, or at least post / email it. Something ROBIUS T is needed. Confirm they have it and the CCJ will be wiped

You would need a WS (evidence) to state no claim form was ever received. This is the proof to the contrary of the interpretaitons act. However Im not sure you would get a refund of the set aside fee as its not the claimants fault (sadly)

KEV_B

yes the judgement was 1st March
paid online but the amount was different to the judgement
tried to call CEL several times to pay and speak to them but you cant get through to anyone from automated service it seems just keep getting an answer phone message
i can just see this is going to rove difficult for the remaining £30

waamo

If you've paid then getting a set aside could be very difficult indeed. I think you may have to take this on the chin.

Coupon-mad

KEV_B wrote: »

yes the judgement was 1st March
paid online but the amount was different to the judgement
tried to call CEL several times to pay and speak to them but you cant get through to anyone from automated service it seems just keep getting an answer phone message
i can just see this is going to rove difficult for the remaining £30

Send them the other £30 as a cheque marked on the back: 'full and final settlement' and repeat that in a covering letter, requiring that they inform the court that it is paid in full.

You made a mistake paying this though.

looks like we are going to have to pay it as we don't have the time to go to court

NO well-defended CEL cases on here go to an actual court hearing.

Too late now...you'd have paid nothing except £255 to set it aside (yes that process would have involved a hearing but very short, thirty minutes maybe, if she just recounted honestly that no court claim arrived, that it was not ignored and would never on the balance of probabilities have been ignored, as she works in financial services - and then showed that the claim was defendable, which all CEL ones are).

CEL would not have turned up and you could then have asked the Judge before skipping back to work, for the £255 fee to be refunded by them, or had that cost reserved to be paid, when they discontinued.

Which they would have.

KEV_B

i realise we could have gone to court but with my wife's situation coudln't take the risk of the judgement staying around.
plus it would mean a day off work which is more than the fine
i spoke to the court about the difference they said that is CEL fault and that i should send my proof of payment to them via email to get the file removed as it is not my problem that CEL asked for the wrong sum??
lets see how that goes

KEV_B

lesson learned dont just ignore these fines!!!

Coupon-mad

Yep, it would have been cancelled on first appeal, easily. We always beat CEL.

Umkomaas

KEV_B wrote: »

lesson learned dont just ignore these fines!!!

Especially with the likes of CEL where an initial appeal (using the ready-written template to copy and paste) would have probably seen CEL give in, or a copy and paste POPLA appeal where they would almost certainly give in, or, finally, a copy and paste defence, Witness Statement and DQ would see them definitely discontinue.

Opportunities missed - by many miles!

KEV_B

yep well i've just sent one to horizon now...my wife needs to look at her watch more
Used the copy and paste in newbies
called sainsburies to no avail...still got to try the head office
interesting to see there don't seem to be any examples of sainsburies cancelling one
One thing i cant see from the newbies thread...what would you expect to happen from defence?
to not hear from them again?
to write and challenge?
to write to say dropping claim?

Umkomaas

One thing i cant see from the newbies thread...what would you expect to happen from defence?

Do you mean from the 'initial appeal'?

Almost certainly a rejection and a POPLA Code (if a BPA operator - which Horizon is). The only PPC that routinely cancels at the sight of the forum initial appeal template is Tesco's preferred parking contractor - Highview. Sometimes CEL also run away at the initial appeal.

In terms of complaining to Sainsbury's- I would write to the CEO.